Keeping deferred when leaving

fly_by_night · Post by **fly_by_night** » Sun Jun 03, 2012 7:02 pm

I've decided to leave my current job for a combination of personal and professional reasons. Most likely I'll be leaving the industry altogether for several years and possibly permanently.

I have spent a little under 2 years at my current employer (medium to large buyside shop) and have built up a deferred comp balance that, although tiny relative to my shop's total deferred pool, represents a significant fraction of my net worth right now. Contractually, I am not entitled to keep any of this if I resign voluntarily except under a very limited set of circumstances, none of which apply. However, my hope is that I might be treated with some leniency in this case since I wouldn't actually be leaving for a competitor.

How realistic is it that I'll be allowed to keep some or all of my deferred balance? Any pointers regarding how to have this conversation would also be greatly appreciated.

Another possibility I am thinking about is to just wait things out until I possibly get fired. My shop is not doing so well right now and my relationship with my boss has been pretty strained as of late, so I think it's entirely realistic that I'll be shown the door soon. Thoughts on this route (especially on how to potentially accelerate it while still keeping things professional and not screwing over any colleagues) would be greatly appreciated too.

Strange · Post by **Strange** » Sun Jun 03, 2012 8:15 pm

If you are in good relationship with your manager, ask him to put you on the RIF list. Or if you are in a bad relationship, ask him anyway - he might be happy to get rid of you.

fly_by_night · Post by **fly_by_night** » Sun Jun 03, 2012 8:32 pm

Thanks. We're not quite at the stage yet where people are getting RIFed out but will keep in mind.

My only concern is that if I give away that I want to leave, it may well have the opposite effect, ie even if they do want to get rid of me, they might wait for me to pull the trigger myself in order to avoid having to pay me any severance or deferred.

Strange · Post by **Strange** » Sun Jun 03, 2012 9:55 pm

Well, in that game of chicken you clearly going to be a winner. They are still paying you salary and all you really need is to barely do your work, barely care about the firm etc. It's pretty hard to fire someone for cause without exposing yourself to a law suit and all you need to do is to make keeping you around not cost efficient.